Insecurity and Constitutional State. For an Impure Theory of Law

Abstract

First of all, it is argued for the possibility of a impure theory of law, which extends from conceptual analysis to empirical and even explicitly normative inquiries. Then, the problem of security is adduced as a typical example of such a theory’s subject. Subsequently, the lexicon of security is analyzed, incorporating the real /
perceived and individual / collective dimensions into the Bauman’s distinction between safety, certainty and security. Furthermore, the Italian constitutional discipline on the subject is rebuilt, by excluding it provides an autonomous individual right to security. Finally, after the reformulation of normative thesis that, in Constitutional state, individual security must prevail on collective security in case of irreducible conflict, the focus of discourse is redirected on social security.